The Issue Whether Respondent committed the violation alleged in the Administrative Complaint and, if so, what penalty should be imposed.
Findings Of Fact Respondent is now, and has been since October 8, 2008, certified by Petitioner as a correctional officer. He holds Correctional Certification No. 279092. Sergeant Brett Woods is a 23-year veteran with the City of Miami (City) Police Department (Miami PD). On November 9, 2010, Sergeant Woods, who was then a uniformed Miami PD patrol officer, was on-duty in his marked patrol car when he was dispatched to a loud music call at 2000 South Miami Avenue in the Coral Way area of the City (Dispatch Location). When Sergeant Woods arrived at the Dispatch Location (at around 9:00 p.m.), his attention was drawn to a visibly upset man, then-unknown to him, who was banging on the front door of a home across the street (located at 2031 South Miami Avenue) and loudly making expletive-filled demands to be let into the home. As Sergeant Woods would later learn, the man creating this disturbance was Respondent. Respondent resided in the home along with his then (and current) fiancée, Iris Thomas--another individual with whom Sergeant Woods was, at the time, totally unfamiliar. Using his patrol car's loud speaker, Sergeant Woods tried to quiet Respondent, but Respondent ignored him. Sergeant Woods then exited his patrol car and started to approach Respondent, who was still causing a commotion at the front door of the home. As he did so, he asked Respondent (at a distance) to calm down and tell him what his problem was. In response to Sergeant Woods's request, a still-visibly upset Respondent turned around and yelled at Sergeant Woods, "Fuck you, this isn't your business." He then began to walk towards Sergeant Woods. He had taken only several steps, when Ms. Thomas opened the door and stepped outside, prompting Respondent to change direction and aggressively charge Ms. Thomas. As he did so, he yelled, "Bitch, get back inside." When he was within arm's reach of Ms Thomas, he forcefully shoved her on the right shoulder as she stood there passively and in a nonthreatening manner. The shove caused Ms. Thomas to stumble backwards into the doorframe of the door she had just opened.2/ From his vantage point approximately 10 to 12 feet away, Sergeant Woods had an unobstructed view of, and could clearly hear, everything that had transpired between Respondent and Ms. Thomas after the latter had exited the home. He immediately placed Respondent under arrest for simple battery and took him into custody. An inventory search of Respondent's person performed by Sergeant Woods before he placed Respondent in his patrol car revealed that Respondent was carrying Ms. Thomas' driver's license and social security card in his wallet. From his examination of the driver's license, which had Ms. Thomas' photograph on it, Sergeant Woods learned Ms. Thomas' identity. After placing Respondent in his patrol car, Sergeant Woods tried to talk to Ms. Thomas, but she was uncooperative and refused to answer any of his questions.3/ Up until the final hearing in this case, Sergeant Woods had no further contact with either Respondent or Ms. Thomas.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Criminal Justice Standards and Training Commission issue a Final Order finding that Respondent committed the violation alleged in the Administrative Complaint and, as punishment therefor, suspending his certification for 15 days and placing him on probationary status for six months. DONE AND ENTERED this 11th day of May, 2012, in Tallahassee, Leon County, Florida. S STUART M. LERNER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 11th day of May, 2012.
The Issue Whether Respondent committed the offenses alleged and, if so, what disciplinary action should be imposed.
Findings Of Fact Petitioner, Everett S. Rice, Sheriff of Pinellas County, is a constitutional officer for the State of Florida, responsible for providing law enforcement and correction services within Pinellas County, Florida. Respondent, Gina Hubbard, was a classified employee of the Pinellas County Sheriff's Office (PCSO) where she worked as a certified detention deputy for approximately nine years until her termination on May 19, 1998. The incident that gave rise to Respondent's termination occurred on the evening of October 30, 1997, at Respondent's residence. On that date, at least three officers with the Pinellas Park Police Department responded to a call and went to Respondent's residence for a check on her welfare. Two of the officers positioned themselves outside the residence near the garage, where they believed that Respondent was located. The third officer was stationed across the street from Respondent's residence. Shortly after the officers arrived at Respondent's residence and while stationed at their posts, the officers heard a gunshot from inside the garage. After the gunshot, the officers maintained their positions for approximately five minutes, apparently listening for any activity in the Respondent's residence or garage. After hearing no activity, one of the officers banged twice on the garage door with a flashlight in an effort to determine Respondent's condition. Immediately thereafter, a shot was fired from Respondent's garage and exited through the garage door near the area where the officer had banged the flashlight. This shot came within two feet of the two officers standing immediately outside the residence. It was later determined that Respondent Hubbard was the person who discharged a firearm twice within her residence on the evening of October 30, 1997. Based on the aforementioned incident, Respondent was arrested on November 10, 1997, for aggravated assault, even though she was never charged or convicted of this offense. However, as a result of the October 30, 1997 incident, on April 24, 1998, Respondent pled nolo contendere to violating Section 790.10, Florida Statutes, which prohibits the improper exhibition of a dangerous weapon and is a misdemeanor. In connection with this incident, Respondent also pled nolo contendere to violating Section 790.19, Florida Statutes, which prohibits shooting into a building and is a felony. The court withheld adjudication, but as a result of her plea, Respondent was placed on four years probation and prohibited from carrying a firearm. Based on the aforementioned incident and matters related thereto, the PCSO conducted an internal investigation. As a part of the investigation, Respondent gave a sworn statement. As a part of her sworn statement, Respondent admitted that she was guilty of the above-cited criminal offenses. Moreover, during her sworn statement, Respondent also admitted that she violated PCSO Rule C-1, V, A, 005 obedience to laws and ordinances and Rule C-1, V, C, 060, relating to standard of conduct. After completion of the PCSO internal affairs investigation, the Chain of Command Board considered the evidence and based on its findings, recommended that Petitioner charge Respondent with engaging in conduct unbecoming a public servant and violating rules of the PCSO and terminate her employment. Specifically, Respondent is charged was violating the following PCSO rules: Rule C-1, V, A, 005, relating to obedience to laws and ordinances (Level Five Violation); Rule C-1, V, C 060, relating to Standard of Conduct (Level Three Violation). Respondent's violations were found to constitute Level Three and Level Five infractions and resulted in a cumulative point total of 65. At this point total, the recommended disciplinary range is from a seven-day suspension to termination. As a result of these violations and the underlying conduct which is the basis thereof, Respondent's employment with the PCSO was terminated on May 19, 1998. In the instant case, termination is an appropriate penalty, is within the PCSO guidelines, and is consistent with the long-standing policy of the PCSO and state law. There is an absolute policy at the Sheriff's Office to not hire applicants or retain any employees who are on probation for felony offenses, whether or not adjudication is withheld. The policy is applied to correctional officers, as well as civilian personnel of the PCSO.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby: RECOMMENDED that the Pinellas County Sheriff's Office Civil Service Board enter a Final Order: (1) finding Respondent guilty of engaging in conduct unbecoming a public servant and violating PCSO Rules C-1, V, A, 005 and C-1, V, C, 060; and, (2) upholding the termination of Respondent's employment as detention deputy with the PCSO. DONE AND ENTERED this 2nd day of February, 1999, in Tallahassee, Leon County, Florida. CAROLYN S. HOLIFIELD Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 2nd day of February, 1999. COPIES FURNISHED: Leonard J. Dietzen, III, Esquire Powers, Quaschnick, Tischler, Evans & Dietzen Post Office Box 12186 Tallahassee, Florida 32317-2186 Robert W. Pope, Esquire 2037 First Avenue, North St. Petersburg, Florida 33713 Jean H. Kwall, Esquire Pinellas County Sheriff's Office Post Office Drawer 2500 Largo, Florida 33779-2500 B. Norris Rickey Office of Pinellas County Attorney 315 Court Street Clearwater, Florida 34616 William Repper, Chairperson Pinellas County Sheriff's Civil Service Board Post Office Box 539 Clearwater, Florida 33757
Findings Of Fact Respondent, Lori Goldston, was employed by the Petitioner, City of Clearwater, for approximately seven and one-half years as a Building Construction Inspector II. On April 13, 1994, Respondent was placed on administrative leave and on April 21, 1994, she was terminated and all pay and other benefits were terminated as of 4:00 p.m. on April 21, 1994. Specifically, Respondent was terminated for alleged violations of Rule 14, Sections 1(b), (d), (k), and (1) of the Civil Service Rules and Regulations of Respondent, to-wit: (b) Is incompetent in the performance of the specific duties of [her] position. (d) Has been careless or negligent in the care of the property of the City; or has participated in the unauthorized use thereof. Has been . . . guilty of conduct un- becoming a City employee defined as scandalous or disgraceful conduct while on or off duty where such conduct tends to embarrass the City or bring its service into public disrepute. Has violated any lawful and reasonable official regulation or order or failed to obey any lawful and reasonable direction made and given . . . by [her] superior officer when such violation or failure to obey amounts to insubordination or serious breach of discipline which may reasonably be expected to result in a lower morale in the department or to result in loss, inconvenience, or injury to the City or the public. During the week of April 4, 1994, Tom Chaplinsky received two complaints that a City vehicle was observed leaving the city limits with a magnetic sign covering the City seal. The complainants related that the driver appeared to be Respondent and that the vehicle was heading north on alternate route 19 when it was so observed. Vick Chadora, assistant central planning director, requested that Chaplinsky investigate the complaints. Chaplinsky along with Kevin Garriot, a building code analyst, initiated an investigation to check Respondent's inspection schedule and job sites for the day of April 11, 1994. Chadora and Chaplinsky reviewed Respondent's inspection schedules and job sites on April 11, 1994, and discovered that most of Respondent's inspections were completed by mid-morning. Chadora then instructed Chaplinsky to check Respondent's residence which is located north of Palm Harbor, approximately 8 to 10 miles outside of the city limits. During mid-morning on April 11, 1994, Chaplinsky parked near the end of the dead end street on which Respondent's residence is located. He saw what appeared to be her city vehicle but was unable to make a positive identification. On Tuesday, April 12, 1994, Chaplinsky again found that a majority of Respondent's inspections had been completed by mid-morning. Chaplinsky contacted her by radio at approximately 11:00 a.m., to determine her location and she replied that she was in Clearwater Beach. Chadora drove to the beach area while Chaplinsky and Garriot drove to Respondent's residence between 11:00 and 11:15 a.m. Messrs. Chaplinsky and Garriot parked at the entrance to the dead end street where Respondent resides and waited. At approximately 11:45 a.m., Chaplinsky and another staff assistant began trying to reach Respondent by radio. At approximately 12:55 p.m., Respondent answered her radio. At that time, Respondent was asked to investigate a complaint on the beach. At approximately 1:20 p.m., Messrs. Chaplinsky and Garriot observed Respondent in her city vehicle, with the City seal covered, leaving her neighborhood. They lost Respondent in traffic but later caught up with her at the site of the complaint. At that time, the City seal on her vehicle was no longer covered. On April 13, 1994, Messrs. Chaplinsky and Garriot again drove to Respondent's residence during mid-morning and waited at the entrance to her street. Respondent was observed leaving the City in the city vehicle with the City seal covered. At approximately 2:55 p.m. on April 13, 1994, with Messrs. Chaplinsky and Garriot present, Respondent was advised by Chadora that two people had complained that she was using her city vehicle with the City seal covered while leaving the city limits. Before Chadora could complete his inquiry, Respondent immediately denied that it was her. Upon Respondent's repeated and adamant denial, Chadora told her that he and Garriot has observed her leaving her residence on Tuesday, April 12 and Wednesday, April 13 in the City vehicle. Upon being confronted with that information, Respondent admitted that they had caught her in a lie and she admitted that she did leave the city limits in the city vehicle. Respondent indicated that she was trying to complete a construction project at home in order to re-finance and satisfy a balloon note which was coming due and the lender was insisting that certain renovations be completed prior to closing. During 1990, Respondent was disciplined for leaving the city limits and going to her home. At that time she was specifically advised that she should not leave the city limits to return home in the city vehicle without first obtaining permission from her supervisor. For that offense, Respondent was suspended for four days. Petitioner has a system of progressive discipline in effect which is utilized to discipline employees who engage in conduct contrary to the City's rules and regulations. An employee who violates the rules accumulates points under the disciplinary system. An employee who receives up to 60 points within a specified period (24 months), can be subjected to discharge. Respondent accumulated 140 points for the alleged infractions that she received for leaving the City limits during the days April 11-13, 1994. Petitioner also has a liberal sick leave policy which employees may avail by demonstrating need to use sick leave. Respondent did not advise Petitioner that she was suffering from any medical disability or other infirmity which would warrant the utilization of sick leave prior to her discharge. Respondent maintained that she failed to advise Petitioner of her need for sick leave -- she suffers from severe depression which is prompted by a chemical imbalance in her brain -- because she did not want other employees to know about her problems as she feared it would be common knowledge among her colleagues. Respondent attempted to show that she was being treated unfairly and more harshly than other employees had been treated for similar misconduct. Specifically, Respondent related an incident wherein an employee threw a temper tantrum during a grievance meeting, tossed a beeper against a bookcase and was generally insubordinate when he was questioned about an infraction. Petitioner explained that that employee "blew up" when he was confronted about a simple rule infraction and that employee was suspended as was Respondent when she was first disciplined for leaving the City in a vehicle without authorization in 1990. Respondent failed to show that she was treated more harshly or that she was the recipient of disparate treatment by Petitioner. Respondent demonstrated that the other employee was similarly treated when Petitioner was disciplined in 1990. Moreover, that employee was subjected to discharge when he later violated the city's rules and regulations (a drug offense-employee failed a urinalysis screen). Petitioner had no way of knowing prior to April 21, 1994, that Respondent requested or was otherwise in need of "an accommodation" due to her health in April of 1994.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner enter a Final Order dismissing Respondent from her position of a Building Construction Inspector II effective April 21, 1994. DONE AND ENTERED this 28th day of February 1995 in Tallahassee, Leon County, Florida. JAMES E. BRADWELL Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 28th day of February 1995. APPENDIX The following rulings are made on the parties' proposed findings of fact: Petitioner's Proposed Findings of Fact. Paragraph 1, adopted as modified, paragraphs 2, 18, and 19, Recommended Order. Paragraph 3, rejected, unnecessary. Paragraph 4, adopted as modified, paragraph 18, Recommended Order. Paragraph 7, rejected, irrelevant. Paragraph 8, conclusionary and argument. Paragraph 11, adopted as modified, paragraph 22, Recommended Order. Respondent's Proposed Findings of Fact. Paragraph 5, rejected, contrary to the greater weight of evidence, paragraph 16, Recommended Order. Paragraph 8, rejected, irrelevant. Paragraph 11, rejected, contrary to the greater weight of evidence, paragraphs 2, 14, and 19, Recommended Order. Paragraph 13, rejected, contrary to the greater weight of evidence. Paragraphs 15 and 16, rejected, contrary to the greater weight of evidence, paragraph 23, Recommended Order. Paragraph 17, adopted as modified, paragraphs 17-20, Recommended Order. Paragraph 18, rejected, contrary to the greater weight of evidence, paragraph 23, Recommended Order. Paragraphs 19-22, rejected, irrelevant and unnecessary. COPIES FURNISHED: Miles A. Lance, Esquire Assistant City Attorney City of Clearwater Post Office Box 4748 Clearwater, Florida 34618-4748 Robert McCormack, Esquire Prestige Professional Park 2655 McCormick Drive Clearwater, Florida 34619 Karleen DeBlaker City Clerk City of Clearwater P.O. Box 4748 Clearwater, Florida 34618-4748
The Issue The issues for determination are: (1) Whether Respondent violated the Pinellas County Sheriff's Office Civil Service Act by engaging in conduct unbecoming a public servant; (2) Whether Respondent violated the Pinellas County Sheriff rule relating to effectiveness in assigned duties; and (3) if so, what penalty is appropriate.
Findings Of Fact Respondent is employed by Petitioner as a detention deputy and has been so employed for more than 11 years. At all times relevant hereto, Respondent was assigned to the Pinellas County Detention Center (Jail). Detention deputies are correctional officers and, as is the case with all detention deputies, Respondent is responsible for the care, custody, and control of inmates incarcerated at the Jail. On April 26, 1999, Respondent was assigned to the third shift, Special Operations Division, and was a corporal supervising the booking area. In connection with that assignment, Respondent's job responsibilities included booking inmates into the Jail. One part of the booking process required that detention deputies obtain certain information from individuals taken into custody in order to complete the necessary paperwork. While the information was being obtained, inmates are instructed to stand behind a blue line on the floor. As part of the booking process, detention deputies inventory the property in the possession of an inmate and make a written record of that property and "pat down" the inmate. Following these procedures, the inmate is seen by a nurse. However, if the nurse is unavailable, the inmate is told to wait in Pre-booking Cell 4 (Cell 4). Detention Deputy Robert McQuire was also assigned to work the third shift in the booking area of the Special Operations Division on April 26, 1999. On April 26, 1999, during the third shift, Jay McMillen (McMillen) was booked into custody at the Jail on the charge of driving without a valid driver’s license. Upon arrival at the Jail, he was taken to the booking area, instructed to stand behind the blue line on the floor near the counter in the booking area, and asked for information required to complete the inmate property form. Both Respondent and McGuire participated in booking McMillen but McGuire asked the inmate most of the questions. During the booking process, McMillen cooperated with Respondent and McGuire and provided the information required to complete the booking form. Moreover, McMillen complied with orders given to him by the detention deputies. Although McMillen occasionally wandered a few feet away from the booking counter, he would immediately return to the area behind the blue line when so instructed. While being booked, McMillen never threatened either Respondent or McGuire. Furthermore, McMillen never physically resisted the actions of the detention deputies or exhibited physical violence. During the course of the booking process, Respondent undertook a routine pat down search of McMillen. As a part of that process, McMillen again complied with Respondent’s instructions to assume the appropriate position. While engaging in the pat down, some slight movement of McMillen’s leg occurred. However, at the time of this movement by McMillen, Respondent took no action to restrain McMillen. After the pat down was completed, McMillen was then told to sit on the bench in the booking area and to remove his shoes for inspection. McMillen immediately complied with this instruction. After Respondent completed the search of the shoes, he then ordered McMillen to have a seat in Cell 4. When Respondent ordered McMillen to Cell 4 to await nurse screening, McMillen complied with that order. While McMillen was walking toward Cell 4, McMillen made a single verbal statement to Respondent. The statement by McMillen was inappropriate and unnecessary. In the statement, McMillen referred to Respondent as "bitch." In response to McMillen's statement, Respondent turned from his original direction of returning to the booking counter and followed McMillen into Cell 4. It was Respondent’s intent at that time to remove McMillen from Cell 4 and to transport him to C Wing, an area used for inmates who were agitated or upset and needed a "cooling down" period. Respondent’s decision to remove McMillen from Cell 4 to the C Wing was based solely upon the tone of McMillen’s voice and was not the result of any aggressive physical act taken by McMillen or a verbal threat made by McMillen. Respondent followed McMillen into Cell 4 without the benefit of assistance from another detention deputy. In fact, prior to acting upon his decision to remove McMillen from Cell 4, Respondent did not advise McGuire or any other detention deputy of his intent or ask for assistance. Although Respondent did not advise any detention deputy that he was going into Cell 4, McGuire apparently observed Respondent proceeding toward Cell 4, and within approximately nine seconds, followed Respondent into the cell. At the time Respondent entered Cell 4 there was another inmate in the cell. Once in Cell 4, McMillen complied with Respondent’s instruction to face the wall and place his hands behind his back. However, while Respondent was handcuffing McMillen, McMillen exhibited an aggressive move toward him. As a result of McMillen's aggressive move, Respondent exercised force in restraining McMillen, engaging in an arm hold and forcing McMillen to the ground. Once on the ground, McMillen did not resist further and cooperated in the efforts of Respondent and McGuire to return him to his feet. During the process of Respondent's utilizing this force, McMillen suffered a cut over his right eye that required medical attention. McGuire then assisted Respondent in the handcuffing and transporting of McMillen. McMillen was then transported to C Wing where he was seen by a nurse, his restraints were removed, and he was left in a cell. McMillen did not resist further at that time and complied with the instructions of Respondent. Following the incident described in paragraph 16, Respondent and McGuire reported the incident as a use of force. Their incident reports were reviewed by Respondent’s supervisor, Sergeant Richard Leach, who approved the use of force and completed his own report. Prior to completing his report, Sergeant Leach attempted to speak with McMillen, but McMillen refused to discuss the matter with him. Sergeant Leach discussed the incident with Respondent and McGuire, but did not review the videotapes of the pre-booking area for the time period during which the incident occurred. It was later that Sergeant Leach was advised there was a problem with regard to the use of force. After reports were completed and submitted, the videotapes made in the pre-booking area of the incident were reviewed by Lieutenant Alan Harmer, pursuant to the procedures utilized at the Jail. Lieutenant Harmer also reviewed the incident reports prepared by Respondent and McGuire and the use- of-force report prepared by Sergeant Leach. Upon reviewing the tapes, Lieutenant Harmer determined that the events leading up to the use of force and the use of force itself violated Sheriff’s Office rules. As a result of Lieutenant Harmer's preliminary determination, an internal investigation was conducted by the Administrative Inquiry Division (AID) of the Sheriff’s Office pursuant to the referral by Lieutenant Harmer. Sworn statements were taken by investigators, including statements of Respondent, McGuire, and the inmate in Cell 4 at the time of the altercation. In his sworn statement, Respondent alleged that McMillen was verbally abusive during the course of the booking process and that he further was uncooperative and had initiated an act of possible physical resistance by moving his leg in a manner possibly designed to strike Respondent. After completing its investigation, the AID presented its entire investigative file to the Administrative Review Board (Board) without conclusion or recommendation. Sergeant Leach was among the officers sitting on the Board. Although Sergeant Leach had initially approved the use of force when he reviewed the reports of Respondent and McGuire, he voted to discipline Respondent based upon his observations from the videotapes of the incident. The Board met and after reviewing the materials provided by AID and giving Respondent the opportunity to respond further, the complaint was sustained. Specifically, the violations determined by the Board to have occurred were: Violation of Pinellas County Sheriff’s Office Civil Service Act, Laws of Florida 89-404, as amended by Laws of Florida 90-395, Section 6, subsection 4: conduct unbecoming a public servant; violations of the provisions of law or the rules and regulations and operating procedures of the Office of the Sheriff; Violation of rule and regulation of the Pinellas County Sheriff’s Office, General Order 3-1.3 (Level Three violation), 067, relating to a member’s effectiveness in their assigned duties. On April 26, 1999, you unnecessarily caused a use of force by entering a cell and confronting an inmate. Further, you exposed yourself to undue risk by entering the cell without appropriate back-up. Under the Pinellas County Sheriff’s Office Guidelines, a sustained finding of one Level Three violation is the basis for assigning 15 disciplinary points. As a result, Respondent was assessed 15 disciplinary points. Sheriff’s Office General Order 10-2 identifies a disciplinary range for a total point assessment of 15 points to be a minimum discipline of a written reprimand and a maximum discipline of a three-day suspension. In the instant case, Respondent was assessed the maximum discipline, a three-day suspension. The conduct engaged in by Respondent in following McMillen into Cell 4 and then engaging in a physical altercation with McMillen based solely upon a single comment by McMillen, regardless of the extent to which the comment constituted a vulgar insult directed toward Respondent, did not constitute a good correctional practice. Moreover, such conduct is not consistent with the training or conduct expected of correctional officers. The role of correctional officers in a volatile situation is to calm the situation and to maintain control, not to act to aggravate or to escalate the dispute or to allow the inmate to control the situation via verbal comments. Proper correctional practice would have been to allow McMillen to remain in Cell 4 for sufficient time to cool off and calm down before initiating further contact with him. Similarly, the actions of Respondent in following McMillen into the cell by himself rather than obtaining assistance prior to entering the cell, are also contrary to good correctional practice. Again, this conduct by Respondent served only to potentially escalate and aggravate the confrontation, rather than to calm the situation. Moreover, it is also good correctional practice to have two detention deputies transport an inmate. This is particularly so considering the presence of another inmate in Cell 4 at the time Respondent entered the cell. There was no need for Respondent to enter the cell with McMillen or to initiate physical contact with McMillen, and his actions are contrary to Pinellas County Sheriff's Office Policy and Procedure File Index No. DCB 9.29 that requires that detention deputies refrain from one-on-one confrontations with inmates that may lead to physical confrontations. The actions of Respondent created a situation that led to a use of force and injury to McMillen that could have been avoided had Respondent effectively performed his duties as a detention deputy.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Civil Service Board of the Pinellas County Sheriff’s Office enter a final order finding Respondent guilty of the conduct alleged in the charging document and upholding Respondent’s suspension for three days from his employment as a detention deputy with the Pinellas County Sheriff’s Office. DONE AND ENTERED this 10th day of February, 2000, in Tallahassee, Leon County, Florida. CAROLYN S. HOLIFIELD Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 10th day of February, 2000. COPIES FURNISHED: William E. Laubach, Esquire Pinellas County Police Benevolent Association 14450 46th Street, North Suite 115 Clearwater, Florida 33762 Keith C. Tischler, Esquire Powers, Quaschnick, Tischler and Evans Post Office Box 12186 Tallahassee, Florida 32317-2186 B. Norris Rickey, Esquire Office of Pinellas County Attorney 315 Court Street Clearwater, Florida 34616 Jean H. Kwall, Esquire Pinellas County Sheriff's Office Post Office Drawer 2500 Largo, Florida 33779-2500
Findings Of Fact John Stewart is a correctional officer with permanent status. He filed a timely appeal on his five-day suspension with the Career Service Commission. Franklin Ashe, Assistant Food Service Director, was Stewart's immediate supervisor and rater at the time in question. Stewart had transferred to kitchen duties shortly after his initial rating as a Correctional Officer I in March, 1976. Ashe prepared Stewart's first rating as a Correctional Officer I working in the kitchen as a steward on April 25, 1977. At that time Stewart had worked in the southwest unit kitchen since the and of March, 1977. His duties in the southwest unit kitchen were direction and supervision of inmate cooks and cook's helpers. Prior to his transfer, Stewart's duties were to take the noon meal to the prisoners working on work details outside the prison. However, Ashe had also supervised Stewart prior to his transfer to the southwest unit kitchen. His performance of his initial duties were presumably satisfactory because this was apparently a good assignment and Stewart performed these duties until March, 1977. The benefits of this job included no shift work and weekends off. In late March, 1977, Stewart who was active in a union organizational effort received oral warning from D. E. Carter concerning passing out union material on the premises of the prison. Shortly thereafter, Stewart who was an alternate to the bargaining talks, was moved from his duties serving prisoners on work detail and assigned to shift work. Shortly after that he was moved to the southwest unit kitchen. The evaluation involved in this case followed shortly thereafter. Ashe's evaluation of Stewart was delivered to Ashe by one of the Correctional Officers II or sergeants who were assigned duties in the kitchen. Ashe was displeased about the rating and asked the sergeant about speaking to Ashe. A meeting occurred between Ashe and Stewart in Ashe's office shortly after Stewart came to work on May 23, 1977. This meeting lasted about five minutes. Stewart states that he asked Ashe about the rating and Ashe replied that it was self-explanatory and that he just called the facts the way they were. Beyond this Ashe gave no explanation of the basis for his rating of Stewart. Ashe does not deny this, but alleges that Stewart was abusive and insubordinate by stating that he (Ashe) was full of shit. Ashe then attempted to terminate the meeting by leaving. Ashe stated that Stewart blocked his way out of the door and told him that he was a baby not a man and that if they met on the street, Ashe had better move over. Stewart denies having used vulgar or threatening language with Ashe, but admits that be did stand in the door way and did say Ashe was a baby not a man. Stewart never received an explanation of his rating. Based upon the foregoing Stewart was suspended for five days.
Recommendation Based upon the foregoing findings of fact and conclusions of law, the Hearing Officer finds that good cause existed for disciplinary action against Stewart. DONE and ORDERED this 23rd day of November, 1977, in Tallahassee, Florida. STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Raymond Gearey, Esquire Department of Offender Rehabilitation 1311 Winewood Boulevard Tallahassee, Florida 32304 Walter Thomas, Esquire Voyager Building 2255 Phyllis Street Jacksonville, Florida Mrs. Dorothy Roberts Appeals Coordinator Department of Administration Room 530, Carlton Building Tallahassee, Florida 32304
The Issue This case concerns the charges made by the Petitioner, City of Clearwater, Florida, against its employee Cleven Wyatt, Respondent, which lead to his termination and dismissal as an employee of that municipality. In particular, through charge one, the Respondent has been accused of violating Rule 14, Section 1(e) of the Civil Service Rules of Clearwater, Florida, by being offensive in his conduct toward a fellow employee. Through charge two, the Respondent is accused of committing a level five offense, within the meaning of the Guidelines for Disciplinary Action, City of Clearwater, Florida, in that he had an unauthorized possession of a knife on City property.
Findings Of Fact The Petitioner in this action is a City of Clearwater, Florida, a municipality in the State of Florida which provides governmental services to the citizens within that community. Among its powers is the power to hire and dismiss employees and in keeping with that authority, the City has enacted Ordinance No. 1831 pursuant to Chapter 21153, Special Laws of Florida, 1941. This Ordinance deals with the Career Civil Service System for employees of the City of Clearwater and it sets forth the rights which an employee would have if that employee had been accused of misconduct. In this instance, the Respondent, Cleven Wyatt, has been charged and dismissed from his employment within the Career Civil Service System of the City of Clearwater under the alleged authority set out in the Issues statement of this Recommended Order, pertaining to charges one and two. In association with charge one, it has further been specified that, "at approximately 8:45 a.m., September 25, 1980, Mr. Wyatt, during a verbal exchange between himself and Billy Harbuck, heavy equipment operator, struck Harbuck in the face with his hands and thereafter pulled a knife and threatened Harbuck physically with the knife by using the words, 'I will cut you.'" Further, the specification to charge two states that, "at approximately 8:45 a.m., September 25, 1980, Mr. Wyatt pulled a knife and threatened Mr. Harbuck physically by using the words, 'I will cut you.'" Having been charged with these violations and in keeping with the remedy afforded, the Respondent, pursuant to Ordinance No. 1831, Section 2-38, of the City of Clearwater, Florida, he elected to have a Hearing Officer conduct a formal hearing to determine the accuracy of those charges placed against him. In turn, the City of Clearwater forwarded the case to the Division of Administrative Hearings for consideration. This arrangement was concluded pursuant to the contract between the Division of Administrative Hearings and the City of Clearwater, to provide a Hearing Officer for proceedings of this type. See Subsection 120.65(6), Florida Statutes. On December 15, 1980, the hearing was conducted. The facts in this case reveal that on the morning of September 25, 1980, the Respondent brought his sanitation truck to the transfer station to dump the contents of that vehicle. When he arrived at the transfer station he was approached by another employee, Billy Harbuck, who stepped up to the truck and began a conversation with Wyatt, in which he accused Wyatt of stealing watermelons that were planted in the area of the transfer station. Wyatt then got out of his truck and continued to engage in this conversation which became heated and in the course of the exchange, Wyatt accused Harbuck of "making love" with Harbuck's girlfriend while in the "break-room" of the transfer station. In addition to the verbal intensity of this dispute, there had been finger pointing by both parties and when Wyatt made his remark about Harbuck's alleged amorous adventures, Harbuck struck Wyatt on the shoulder and Wyatt in turn slapped Harbuck in the face. (It was not proven that Wyatt stole the watermelons. The facts did establish that Wyatt's claim related to Harbuck's social life with his girlfriend was a false claim, in that his visit with his companion did net involve sexual intercourse.) Following the physical encounter, the combatants armed themselves. The sequence of their arming was the subject of testimony in this cause in which there was extreme diversity of opinion among the several witnesses who gave testimony. Having reviewed that testimony at length with a view toward the interest in this case held by those witnesses and in particular the combatants and the resulting effect this has had on their creditability, it is unclear which individual armed himself first. However, it is certain that shortly after the blows were struck, Harbuck grabbed a metal stool from the ground. The stool was approximately three feet high and ten inches in diameter. It was also shown that Wyatt took a knife from his pocket and opened it and brandished the knife in the direction of Harbuck. At the time the Respondent and Harbuck took up their weapons, another employee, James Cheatum, stepped between them and grabbed the stool which Harbuck held in his hands and pushed Wyatt away from the affray. When he looked from Harbuck to the direction of Wyatt, he saw the knife in Wyatt's hand. Harbuck being unable to further pursue this circumstance by using the stool, he then grabbed a shovel which was in his vicinity, but was again unable to take further action because he was restrained by Cheatum and a second employee, Grover Wilson. At the time that Harbuck was attempting to pick up the shovel, Respondent still had his knife drawn. Both of the combatants expressed malice through their demeanor at the point where they were armed with the knife, stool and shovel, and both combatants were in fear of their opponent at that juncture. Neither individual attempted to strike the other individual with a weapon. Furthermore, the knife which the Respondent had possession was not a knife which he carried with him as a matter of course. It was a knife given to him by an employee of the City of Clearwater to make repairs on the Respondent's sanitation truck. After that aspect of the circumstance involving the shovel had occurred, the fight ended and at the insistence of the supervisor at the transfer station, the Respondent departed the area. He was later charged with the alleged acts of misconduct.
Findings Of Fact Respondent holds a certificate as a law enforcement officer, Certificate Number 02-22949. That certificate is currently inactive. Respondent was employed as a deputy sheriff with the Polk County Sheriff's Department in January of 1978. Respondent resigned this position on or about October 22, 1982. On or about September 9, 1982, Respondent was involved in the apprehension and arrest of an individual named James Pitts. A Winter Haven police officer, Dennis Warren, actually effected the arrest of the above suspect on or about September 9, 1982. During the arrest, Pitts resisted Officer Warren and in so doing, Officer Warren sustained injuries to his right hand. The area in which the struggle occurred consisted of loose dirt and gravel. Immediately after the arrest, Officer Warren's uniform was disheveled, dirty and ripped. The knuckles on his right hand were bleeding. Immediately after the arrest, Respondent's uniform was clean, not disheveled and no dirt was present. The dirt and gravel at the scene of the arrest were the type that would adhere to a uniform. After Officer Warren arrested the suspect, Respondent was unable or unwilling to walk the suspect to the police car. Another officer (Bill Stone), walked the suspect to the police car and placed the suspect in the vehicle. Respondent was present during the arrest of James Pitts and observed Officer Warren struggling with said individual. Officer Warren requested Respondent's assistance in the arrest but Respondent failed to provide such assistance. During Respondent's tenure as a deputy sheriff, he failed to assist other officers on several occasions during violent confrontations.
Recommendation Based on the foregoing, it is RECOMMENDED: That Petitioner enter a Final Order dismissing the Administrative Complaint. DONE and ORDERED this 18th day of January, 1984, in Tallahassee, Florida. R. T. CARPENTER Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 FILED with the Clerk of the Division of Administrative Hearings this 18th day of January, 1984.
The Issue The issues for determination are: (1) Whether Petitioner, Deputy Michael Hughes, violated the Pinellas County Sheriff's Office Civil Service Act by engaging in conduct unbecoming a public servant; and (2) Whether Petitioner violated Rules and Regulations of the Pinellas County Sheriff’s Office, General Order 3-1.1.
Findings Of Fact Based upon the testimony and evidence received at the hearing, the following findings are made: At all times pertinent to this case, Deputy Hughes was employed by the Sheriff's Office as a deputy sheriff. At the time of hearing, Deputy Hughes had over eighteen years' experience with the Sheriff's Office. On January 12, 2002, Deputy Hughes was working as a deputy sheriff and as a Field Training Officer in the Field Training Section of the Pinellas County Sheriff’s Office. He was accompanied throughout his shift by a trainee, Deputy Mark Shorter. At approximately 2:55 a.m. on January 12, 2002, Deputies Hughes and Shorter responded to 5125 Betty Street in St. Petersburg to assist Deputies Michael Pulham and Vance Nussbaum, who were already on the scene of a traffic stop where the driver was suspected of having active warrants for his arrest. Deputies Hughes and Shorter had already responded to two calls at 5125 Betty Street, both involving complaints by neighbors that persons in the house were causing a public disturbance. After the traffic stop, the deputies noticed yet another disturbance occurring in the residence at 5125 Betty Street. The four deputies entered the residence. As the deputies walked in, one of the occupants, later identified as Donald Hillebrand, punched Deputy Hughes in the mouth with his closed fist. The deputies attempted to place Mr. Hillebrand under arrest for battery upon a law enforcement officer. A melee ensued between the four deputies and several occupants of the residence. Donald Hillebrand was subdued, handcuffed, and arrested. Two women who participated in the fight were also arrested. Mr. Hillebrand was then escorted to Deputy Hughes’ cruiser and placed in the rear seat, without the use of a seat belt. Two other arrestees, Lisa Ruthven and Barbara Metzler, were placed in the rear of the Pulham/Nussbaum cruiser for transport. Because several other people were coming out of the residence and the situation remained volatile, the deputies decided they would regroup at a more secure location a short distance from the Betty Street residence to complete their paperwork on the arrests. From the time he was placed in the back of the cruiser, Mr. Hillebrand spewed a stream of racial invective at Deputies Hughes and Shorter in the front. Mr. Hillebrand is white. Deputies Hughes and Shorter are black. Lt. John Bocchichio, the shift commander, met the four deputies at the secure location. He noted that Mr. Hillebrand was screaming "nigger this and nigger that" from the rear of Deputy Hughes' cruiser. While Deputies Hughes and Shorter completed their paperwork at the rear of their cruiser, Lt. Bocchichio opened the door of the cruiser, leaned into the car, and attempted to speak to Mr. Hillebrand in an effort to calm him. Mr. Hillebrand continued yelling and screaming, and eventually spit at Lt. Bocchichio, who gave up and closed the door of the cruiser. Lt. Bocchichio did not tell Deputy Hughes that Mr. Hillebrand spit at him, but he thought Deputy Hughes might have seen the spitting through the rear window of the cruiser. Alex Metzler, another participant in the brawl at the Betty Street residence, rode up to the secure location on a bicycle. He claimed he was merely riding to a store, but the deputies believed he was there to interfere with them. The deputies arrested him, handcuffed him, and placed him in the rear of Deputy Hughes' cruiser along with Mr. Hillebrand. Mr. Metzler was seated on the passenger's side, and Mr. Hillebrand was seated on the driver's side of the back seat. Both men were handcuffed with their hands behind their backs. The cruiser had a plexiglass shield behind the driver's side of the front seat, and a steel cage behind the passenger's side of the front seat. Deputies Hughes and Shorter, with Shorter driving the cruiser, commenced their travel to the Pinellas County Jail facility, located at 144th Avenue and 49th Street in Clearwater. Mr. Hillebrand continued his tirade at both Deputy Hughes and Shorter, calling them "niggers," inviting them to "suck his dick," and offering to perform various sex acts on their mothers. While the cruiser was traveling on 49th Street approaching 144th Avenue, Mr. Hillebrand leaned over to Mr. Metzler’s side of the police cruiser and spit through the steel cage into the face of Deputy Hughes. Deputy Hughes instructed Deputy Shorter to stop the vehicle. Deputy Shorter stopped the cruiser in the left-hand turn lane at the intersection of 49th Street and 144th Avenue, within sight of the jail. After the cruiser was stopped, Deputy Hughes exited the vehicle, walked around the rear of the vehicle and opened the rear driver’s side door. Mr. Hillebrand was lying on the back seat across Mr. Metzler. Deputy Hughes admitted that he was angry at being spat upon, but maintained that his purpose in stopping and exiting the vehicle was to prevent Mr. Hillebrand from spitting on him a second time by securing his seatbelt. Deputy Hughes reached into the back seat of the vehicle in an attempt to make Mr. Hillebrand sit up on his side of the seat. Mr. Hillebrand resisted. Deputy Hughes noted that Mr. Hillebrand was on top of the seat belt buckle and decided that he needed to remove Mr. Hillebrand from the vehicle. Mr. Hillebrand continued to resist, lying back on the seat and using his legs and feet to prevent his removal from the vehicle. Deputy Hughes leaned into the vehicle in order to grasp Mr. Hillebrand's shoulders to gain hold of him. At this point, Mr. Hillebrand agreed to cooperate. He sat up, turned to sit sideways in the vehicle and placed his feet on the ground outside of the vehicle. Mr. Hillebrand then stood up outside the cruiser. Deputy Hughes testified that he thought Mr. Hillebrand was attempting to head-butt him, though he admitted that Mr. Hillebrand's actions were also consistent with the moves that a handcuffed person would have to employ to exit a vehicle. In response to the perceived head-butt, Deputy Hughes struck Mr. Hillebrand in the chest with a forearm strike and followed with a knee strike to the abdomen. Deputy Hughes briefly pinned Mr. Hillebrand against the rear quarter panel of the cruiser, then returned him to the back seat and attempted to fasten Mr. Hillebrand with the seat belt. Deputy Hughes was unable to fasten the seat belt because the buckle had worked its way under the back seat. Deputy Hughes looped the shoulder harness portion of the seat belt over Mr. Hillebrand’s chest and tucked the end of it underneath the seat to give Mr. Hillebrand the impression that the seat belt was properly fastened. Deputy Hughes closed the rear door of the vehicle and returned to his own seat in the cruiser. Deputy Shorter resumed the drive to the Pinellas County Jail, which took no more than two minutes. Mr. Hillebrand was turned over to corrections officers without further incident and charged with two counts of battery on a law enforcement officer (one for punching Deputy Hughes and one for spitting on Deputy Hughes) and one count of resisting an officer with violence. Deputy Hughes admitted that he did not prepare a use of force report as to this incident. His arrest report detailed the brawl at the Betty Street residence, but made no mention of the subsequent stop after Mr. Hillebrand spit on him. After the incident, Mr. Hillebrand's mother filed a complaint alleging the physical abuse of Donald Hillebrand during the course of the arrest. The complaint triggered an investigation by the Inspections Bureau of the Sheriff's Office regarding the incidents leading to the arrest of Mr. Hillebrand and the use of force by Deputy Hughes and the other deputies involved. At the conclusion of the investigation, an Administrative Review Board reviewed the allegations and evidence compiled by the Inspections Bureau and determined that Deputy Hughes had violated the Pinellas County Civil Service Act and the rules, regulations and operating procedures of the Shriff's Office. The Administrative Review Board's memorandum, dated August 3, 2002, set forth the following specific violations: Violate Rule and Regulation of the Pinellas County Sheriff’s Office, 3-1.1 (Level Five Violation), 5.15 relating to the Custody of Arrestees/Prisoners, to-wit: Arrestees/Prisoners shall be kept secured and treated humanely and shall not be subjected to physical abuse. The use of physical force shall be restricted to circumstances specified by law when necessary to accomplish a police task. Synopsis: On January 12, 2002, you removed a secured prisoner from the rear of your cruiser while enroute [sic] to the jail and subjected him to physical force, which was not specified by law or necessary to accomplish a police task. Violate Rule and Regulation of the Pinellas County Sheriff’s Office, 3-1.3 (Level Three Violation), 3.20, relating to the Use of Force Reporting, to wit: Whenever a member either on or off duty, is required to use physical force against another person, the member shall immediately notify a supervisor of the action taken and complete the necessary documentation for review. Synopsis: On January 12, 2002, you used physical force against another person, but failed to complete the necessary Use of Force Report for review. The Administrative Review Board did not conclude that Deputy Hughes pulled Mr. Hillebrand out of the cruiser for the purpose of abusing him, or that Deputy Hughes used such force as would constitute a violation of state law or the United States Constitution. The Board unanimously concluded that the force utilized with regard to Mr. Hillebrand was unnecessary and served no legitimate law enforcement purpose, thereby violating General Order 3-1.1 (Level Five violation), 5.15, relating to Custody of Arrestees/Prisoners. The Board found that Deputy Hughes' actions toward Mr. Hillebrand were inappropriate, given that his reason for stopping the car and commencing the chain of events that led to his use of force was to prevent Mr. Hillebrand from spitting on him again. The Board found that Deputy Hughes could have avoided being spit on without pulling Mr. Hillebrand out of the vehicle, and thus that there was no legitimate law enforcement purpose served by his use of force. The Board noted several factors to support its finding. Deputy Hughes stopped the cruiser less than two minutes from the jail, where corrections officers could have taken Mr. Hillebrand out of the cruiser without the use of force. Deputy Hughes could have found something in the cruiser, such as a rain slicker, to place over the cage behind him and block any further spit from the rear of the vehicle. Once the prisoner was secure and in custody, Deputy Hughes' primary duty was to transport him safely to jail without exposing the prisoner, the law enforcement officers, or the public to the risk of further injury. By stopping the vehicle and opening the rear of the caged and locked police cruiser, Deputy Hughes exposed himself, his partner, both prisoners, and possibly the general public to an unnecessary risk of injury. Deputy Hughes' actions created the situation that resulted in the need to use force on Mr. Hillebrand, and those actions were not necessary to accomplish the primary police task of transporting Mr. Hillebrand safely to the jail without further incident or injury. In short, the Board found that Deputy Hughes used appropriate force for the situation, but found that he violated regulations by allowing the situation to develop in the first place. Sheriff's Office General Order 10-2 provides guidelines for imposition of discipline by an Administrative Review Board, including a point system based on the number and severity of violations. The violations found against Deputy Hughes resulted in a cumulative point total of 65 points: 50 points for the violation of General Order 3-1.1 (Level Five violation), 5.15, relating to Custody of Arrestees/Prisoners and 15 points for the violation of General Order 3-1.3 (Level Three violation), 3.20, relating to use of force reporting. Sheriff's Office General Order 10-2 provides that the point total accumulated by Deputy Hughes allows for discipline ranging from a seven-day suspension to termination of employment. Deputy Hughes received the minimum seven-day suspension. Deputy Hughes appealed only the finding with regard to the violation of General Order 3-1.1 (Level Five violation), 5.15, relating to Custody of Arrestees/Prisoners. Deputy Hughes did not contest the finding that he violated General Order 3-1.3 (Level Three violation), 3.20, relating to use of force reporting. Deputy Hughes contended that he acted in self-defense to prevent Mr. Hillebrand from continuing to spit on him. This contention was illogical. By opening the rear of the vehicle and manhandling his prisoner, Deputy Hughes made it easier for Mr. Hillebrand to spit on him again. Further, the self-defense contention was beside the point, as the Sheriff's Office did not allege that Deputy Hughes had no right to protect himself. Rather, the Administrative Review Board found that Deputy Hughes chose the worst of several possible methods to prevent Mr. Hillebrand from spitting on him. The essential finding was that Deputy Hughes used poor judgment, not that he used excessive force. Deputy Hughes also contended that the Sheriff's Office was at fault for not equipping his cruiser with restraints designed to prevent prisoners from spitting. Whatever the value of such restraints, their absence did not prevent Deputy Hughes from improvising a protective device from the materials available in his cruiser. Finally, Deputy Hughes pointed to the fact that the Sheriff's office has no rule or regulation prohibiting a deputy from attempting to seat belt a prisoner in the rear of the vehicle to prevent him from spitting through the open portion of the cage. It defies reason to contend that the Sheriff's Office must develop a rule or regulation for every possible condition that may occur in the field, or that an experienced deputy may abandon common sense in the absence of a rule or regulation covering a situation in which he finds himself. The evidence presented at the hearing fully supported the findings of the Administrative Review Board and the penalty imposed upon Deputy Hughes for the violation of General Order 3- 1.1 (Level Five violation), 5.15, relating to Custody of Arrestees/Prisoners.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Civil Service Board of Pinellas County Sheriff's Office enter a Final Order finding Michael E. Hughes guilty of violating the Rules and Regulations of the Pinellas County Sheriff's Office as set forth in the August 3, 2002, inter-office memorandum and upholding the suspension of Michael E. Hughes from his employment as a deputy sheriff with the Pinellas County Sheriff's Office for a period of seven days. DONE AND ENTERED this 28th day of February, 2003, in Tallahassee, Leon County, Florida. LAWRENCE P. STEVENSON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 28th day of February, 2003. COPIES FURNISHED: Kenneth J. Afienko, Esquire Kenneth J. Afienko, P.A. 560 1 Avenue North St. Petersburg, Florida 33701 B. Norris Rickey, Esquire Pinellas County Attorney's Office 315 Court Street Clearwater, Florida 34756 Jean H. Kwall, General Counsel Pinellas County Sheriff's Office Post Office Drawer 2500 Largo, Florida 33779-2500 Keith C. Tischler, Esquire Powers, Quaschnick, et al. 1669 Mahan Center Boulevard Post Office Box 12186 Tallahassee, Florida 32317-2186
